Texas High Court To Weigh Warranty Scope For Used Goods

Law360, Houston (April 1, 2013, 3:56 PM EDT) -- Texas’ highest court on Friday agreed to weigh in on whether state law allows a consumer who purchases used goods on the secondary market to assert implied warranty claims against the original manufacturer of the products when they are discovered to be defective.

The Texas Supreme Court granted a request by German engine manufacturer MAN Nutzfahrzeuge Aktiengesellschaft to consider whether Doug Shows, who bought a used, 50-foot yacht from a previous owner, could sue the company for breach of the so-called “implied warranty of merchantability” after...